HC Resolves Petition Following Division Bench Order; No SC Stay or Specific Instructions, No Costs Awarded.

The HC disposed of the writ petition in alignment with the Division Bench order, as there was no stay from the SC on the latter's decision. The HC highlighted its obligation to decide matters based on existing laws unless directed otherwise by the SC. The petition was resolved without awarding costs, and the HC referenced a SC judgment to underscore its duty to proceed with decisions in the absence of a stay or specific instructions from the SC.

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Issues involved:
The issues involved in the judgment are the consideration of legal matters based on a Division Bench decision of the High Court, the challenge of the judgment before the Supreme Court, and the absence of any stay on the Division Bench order.

Consideration of Legal Matters Based on Division Bench Decision:
The learned counsel for the petitioner argued that the issues for consideration are covered by a decision of the Division Bench of the High Court in a specific case. The counsel for the respondent admitted to this. The High Court stated that in the absence of any stay from the Apex Court, it is obligated to decide matters based on the Division Bench order, which currently governs the law.

Challenge Before the Supreme Court:
The Government Advocate for the 1st Respondent mentioned that the judgment in question has been challenged before the Supreme Court. However, it was clarified that there is no stay on the Division Bench orders. The High Court emphasized that unless specifically directed by the Supreme Court, High Courts must proceed to decide matters based on existing laws without waiting for the outcome of a reference or review petition.

Disposition of the Writ Petition:
In light of the above considerations, the High Court disposed of the writ petition in accordance with the Division Bench order. No costs were awarded in this matter. The judgment also referred to a relevant portion of a Supreme Court judgment to emphasize the obligation of High Courts to proceed with decisions based on existing laws.

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